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HomeMy WebLinkAbout2022-02-14-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday February 14, 2022 -1:30 PM Commissioners' Auditorium and Webex 205 West 5th Room 109 - Ellensburg and Webex 1. Call to Order 2. Kittitas County Code Update Discussion - Sections 12.01.130; 15A.01.040 and 15A.07.015 3. Flood Control Zone District Advisory Committee District 2 Vacancy 4. Other business 5. Adjourn Created on 2/10/2022 8:15:59 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES Commissioners' Auditorium and Webex Regular Meeting MONDAY Board members present Wachsmith "Wills --4V9 FEBRUARY 14, 2022 Chairman Laura Osiadacz, Commissioner Brett Others: Josh Fredrickson, Arden Thomas, Candie Leader, Public Works; Jeremy Johnston, Jeremiah Cromie, Jessica Miller, Community Development Services; Neil Caulkins, Prosecuting Attorney's Office; and Five (5) Members of the Public At 1:37 pm Chairman Laura Osiadacz opened the Public Works Study Session. KITTITAS COUNTY CODE UPDATE DISCUSSION — SECTIONS 12.01.130; 15A.01.040 AND 15A.07.015 Josh Fredrickson gave background on current Kittitas County Code on variances from the adopted Kittitas County Road Standards. Josh Fredrickson stated that staff has been having issues with obtaining a quorum of the Road Standards Variance Committee causing a backlog of Road Standards Variance requests to be processed. Josh Fredrickson continued that in fall of 2021 staff briefed the Board of County Commissioners on this issue and the suggestion of dissolving the Committee and updating Kittitas County Code to reflect a new process of handling Road Standards Variance requests. Josh Fredrickson referenced the redline that was provided for review and requested direction on presentation to the Planning Commission for comment. Discussion was held. Staff was directed to forward draft code updates to the Planning Commission for review and comment. FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE DISTRICT 2 VACANCY Arden Thomas stated that the previous representative from District 2 for the Flood Control Zone District Advisory Committee had not requested to renew his term when it expired in December of 2021 due to family obligations. Arden Thomas continued that staff is requesting to publish the attached press release to solicit for applications to fill the vacancy. Arden Thomas added that applications would be due by February 25th and applications would be brought to the Board of County Commissioners for consideration. Staff was directed to issue the press release as presented. OTHER BUSINESS: There was no other business for discussion. 2022-02-14 MINUTES Meeting adjourned at 1:46 pm. U U N Candie Leader 2022-02-14 MINUTES KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz, Chairman KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 14, 2022 TOPIC: Revisions to Kittitas County Code: 12.01.130,15A.01.040 and 15A.07.015 ACTION REQUESTED: Direct Staff to Docket Updates with Planning Commission and CDS LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff prepare materials for Planning Commission presentation. BRIEFING SUMMARY: • Recent failure in developing a quorum of Road Variance Committee members underscores the need to revise the variance process (two recent failures). • On September 3, 2021, Public Works (PW) received direction from the Board of County Commissioners (BoCC) to draft revisions to County Code. • Revisions to code are now the Prosecuting Attorney's Office for final review. • PW will coordinate with Community Development Services once we have PA approval on proposed revisions. BACKGROUND: For the past several years, PW has struggled to consistently manage requests for variance to our road standards. The BoCC was briefed early fall 2021 on the issue and direction was given to revise the process. Revisions are complete and awaiting submission to the Planning Commission — as Chapter 12 contains development regulations. DISCUSSION: The proposed process (redlines attached) has all variance requests going to the County Engineer for consideration. The applicant can then appeal the County Engineer's determination to the Public Works Director. The Director's decision can then be appealed to the Hearings Examiner. The process requires changes to: KCC 12.01.130 with additions to KCC 15A.01.040 and 15A.07.015. FISCAL IMPACTS: None are identified at this time. ATTACHMENTS: Exhibit 1: PROPOSED REVISIONS TO KITTITAS COUNTY CODE (12.01.130, 15A.01.040 AND KCC 15A.07.015) Page i of 2 Public Works "Work Session Staff Report", 2021 EXHIBIT 1: PROPOSED REVISIONS TO KITTITAS COUNTY CODE (12.01.130, 15A.01.040 AND KCC 15A.07.015) Page 2 of 2 Public Works "Work Session Staff Report", 2021 12.01.130 Variances (Departures from the Standards) and Appeals. Variances from these Standards may be granted by the Road-VaxianceCounty Engineer The variance will be heard by the County Engineer and he/she shall render a decision in writing to the applicant The applicant may appeal the County Enoineer's decision to the Public Works Director. The Director will provide a written appeal decision to the applicant. The applicant may then appeal the administrative decision of the Director to the Hearings Examiner pursuant to KCC 15A 07,015. CQ4 rattee, ea pp ices represeaYative, In Fe Pla ssha ,�, �,...�-�;t;a;;,�,po�4ed•ky�e-BOEF If the proposed road variance is located within afire district, notice of the proposed variance shall be provided to the applicable fire district a minimum of 14 days prior to the Road Variance being issued by the County Engineer Ee.m ttee M etitxf S&Elk.,edo4 the variance request: The Sue- distriHunayiubrnit�reason-the road variance request up a ui the .tee has made -a- deasrenonHherequesc The granting of a variance shall be in the public interest. When the need for a variance can be identified in advance, the variance should be proposed at preliminary plat stage and be included for consideration during plan review and public hearing. Variances from the standards in this title will be considered on a case-by-case basis. Variances will be granted only upon evidence that the variance demonstrates the following: A. Unusual circumstances or conditions apply to the property and/or the intended use that do not apply generally to other property in the same vicinity or district; and B. Such variance is necessary for the preservation and enjoyment of a substantial property right of the developer possessed by the owners of other properties in the same vicinity or district; and C. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which the property is located; and D. Special conditions and circumstances do not result from the actions of the developer; and E. The granting of such variance will not adversely affect the realization of the Kittitas County Comprehensive Plan, Long -Range Transportation Plan or this title. The variance request(s) shall consist of: A. Variance fee. B. Variance application. C. Identification of the standard provision to be waived or varied. D. Identification of the alternative design or construction standards to be adhered to. E. A thorough justification of the variance request. Requests may be prepared by the developer, professional civil engineer licensed to practice in Washington, or professional land surveyor licensed to practice in Washington. To appeal the denial or imposition of conditions of a variance decision, an appeal shall be filed per KCC 15A.07 or KCC 15A.08 based on the underlying land use decision in accordance with Ch. 36.708 RCW. (Ord. 2018- 001, 2018; Ord. 2015-010, 2015) 15A.01.040 Roles and responsibilities. The regulation of land development is a cooperative activity including many different elected and appointed bodies and county staff. The specific responsibilities of these bodies is set forth below and outlined in Table A at the end of this title. 1. Applicant. An applicant is expected to read and understand the county comprehensive plan and code and be prepared to fulfill the obligations placed on the applicant. Pre - application conferences are available to anyone who wishes to discuss such obligations prior to submittal. 2. Community Development Services Director. a. The Community Development Services Director (CDS Director) is responsible for the administration of portions of KCC Title 15 Environmental Policy, Title 15A, Project Permit Application Process, Title Subdivisions, Title Zoning, Title 17A Critical Areas, and the shoreline master program. It. Upon request or as determined necessary, the CDS Director shall interpret the meaning or application of the provisions of said titles and issue a written administrative interpretation. Requests for interpretation shall be written and shall concisely identify the issue and desired interpretation. c. Administrative land use decisions on certain zoning conditional uses, and variances from the standards and dimensional regulations of the zoning code, KCC Title 17 such as setback and yard restrictions. d. The CDS Director or his/her designee shall have the authority to review and approve, deny, or approve with conditions, applications for the following: i. Letters of exemption from a shoreline substantial development permit; ii. Shoreline substantial development permits; iii. Revisions to shoreline substantial development permits; and iv. Requests for timing extensions for i through iii above. Board of County Commissioners. In addition to its legislative responsibilities under KCC Title 158, the board shall review and act on the following subjects pursuant to this title: a. Recommendations of the Planning Commission. Decision-making process by the board shall consist of a public meeting or meetings wherein the board reviews the written record transmitted from the Planning Commission for Legislative matters and issues a written decision in resolution or ordinance form. During such meeting(s), appropriate county staff will present the record to the board, providing information as necessary to ensure county code compliance. No new comment or information will be allowed by the board during the decision-making process. b. Appeals of site-specific rezones. c. Development Agreements. 4. Hearing Examiner - Decision. The Hearing Examiner shall review and make a final decision for the purposes of appeal under KCC section 15A.07 on the following applications and subjects pursuant to this title: a. Initial local County decision on Shoreline Conditional Use Permits subject to the Shoreline Master Program; b. Initial local County decision on Shoreline Variances pursuant to the Shoreline Master Program; c. Shoreline substantial development permits that are included in consolidated permit applications that are subject to Hearing Examiner review and action; d. Conditional use permits pursuant to the zoning code, KCC Title 17; e. Application for preliminary plats; f. Site-Specific. Rezone applications; g. Appeals of administrative SEPA actions regarding an action without an underlying permit; h. Open record appeal of administrative SEPA actions; i. Appeal of administrative determinations such as short plats, variances, and code interpretations; and j. Other actions requested or remanded by the Board of County Commissioners. k Appeal of administrative determinations regarding road standard variance declIslo s� 5. Washington State Department of Ecology. The Washington State Department of Ecology shall be responsible for the final approval, denial, or approval with conditions for the following: a. Shoreline conditional use permits and revisions to same; and b. Shoreline variances and revisions to same. (Ord. 2018-021, 2018; Ord. 2016-006, 2016; Ord. 2014-008 2014;) 15A.07.015 Appeal of Administrative determination or decision by the Public Works Director 1. An appeal of an administrative road standard variance decision shall be filed with the Public Works Director within 10 working days of the date of the decision. 2. Appeals shall contain a written, concise statement identifying: a. The decision being appealed; b. The name and address of the appellant and his interest(s) in the matter; c. The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong; d. The desired outcome or changes to the decision; e. The appeals fee. The appeal shall contain only the above listed material, and shall not contain or attempt to introduce new evidence, testimony, or declaration. Upon the filing of a timely appeal, the administrator shall, in consultation with the appropriate hearing body chair pursuant to KCC 15A.01.040, set the time and place at which the matter will be considered and establish a briefing schedule for the parties. The officer from whom the appeal is being taken shall forthwith transmit to the reviewing body and the parties all of the records pertaining to the decision being appealed. The appellant's brief and supporting declarations shall be due no sooner than 15 days after having received the administrative record and no later than 30 days prior to the hearing date. Briefing and supporting declarations from the County and any other Respondents Formatted: List Paragraph, Outline numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Tab after. 1" + Indent at: 1" ! Formatted: Font: (Default) Segoe UI, 10.5 pt. Font l color. Dark Gray shall be due 10 working days prior to the hearing date. There shall be no response or rebuttal briefing by any party. All parties submitting briefing with or without supporting declarations have the responsibility to deliver copies of such documents to the hearing body and all other parties within the time limits set herein. (Ord. 2019-013 2019; Ord. 2014-008 2014; Ord. 2010-008Ord. 2000-07; Ord. 98-10,1998) KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: February 14, 2022 TOPIC: Flood Control Zone District Advisory Committee District 2 Vacancy ACTION REQUESTED: Support Issuing a Press Release Noticing the Flood Control Zone District Advisory Committee District 2 Vacancy LEAD STAFF: Arden Thomas RECOMMENDATION: Support Issuing a Press Release Noticing the Flood Control Zone District Advisory Committee District 2 Vacancy. BRIEFING SUMMARY: • A Flood Control Zone District representative for District 2 did not seek re- appointment when his term expired at the end of 2021, creating a vacancy on the advisory committee. • The Flood Control Zone District Advisory Committee is composed of two (2) rate payers from Districts 1 and 3 and three (3) rate payers from District 2. • Flood Control Zone District bylaws state that the Commissioners will select the advisory committee members after receiving applications from candidates. BACKGROUND: The Kittitas County Board of County Commissioners formed a Flood Control Zone District and established a Flood Control Zone District Advisory Committee. Advisory Committee members prioritize flood -reduction and alleviation projects, recommend an annual budget and six-year capital improvement plan, and make recommendations to the Board of County Commissioners. The Flood Control Zone District Advisory Committee is composed of two (2) rate payers from Districts 1 and 3 and three (3) rate payers from District 2. In December 2021, a District 2 rate payer resigned, creating a vacancy. DISCUSSION: Staff recommends advertising the vacancy has prepared a press release for Board consideration and desires issuing upon Board approval (EXHIBIT 1). Per the Flood Control Zone District bylaws, "should a member resign from the advisory committee, new applications will be submitted, and the Board of County Commissioners Page 1 of 2 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT shall select a new rate payer from that Commissioner District." Staff recommends accepting applications until 5:00 pm on Friday, February 251h and including advisory committee member selection at the March 141h Public Works study session. FISCAL IMPACTS: Public Works staff includes administration needs for the Flood Control Zone District Advisory Committee in its annual work plan and budget. ATTACHMENTS: Exhibit 1: Press Release Page 2 of 2 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT PRESS RELEASE Date: February 14, 2022 Contact: Arden Thomas, Water Resources Program Manager, 509-962-7690 F:ittitas County seeking volunteer for the Flood Control Zone District Advisory Committee. The Kittitas County Board of County Commissioners are soliciting a Flood Control Zone District Rate Payer from Commissioner District 2 to serve on a Citizen Advisory Committee to the Flood Control Zone District. In 2012, the Kittitas County Board of County Commissioners formed the county -wide Flood Control Zone District ("FCZD"). The FCZD funds and implements flood -reduction projects and programs. The FCZD Advisory Committee prioritizes projects, recommends an annual budget and six-year capital project improvement plan, and makes recommendations to the Board of County Commissioners. Those who wish to be considered for the Advisory Committee should complete an application. Applications are available at the Kittitas County Courthouse, Commissioners' Office - Room 108, by download at httus://www.co.kittitas.wa.us/boc/boards/default.aspx, or by emailing your request to the BOCC@co.kittitas.wa.us APPLICATION FOR APPOINTMENT The application deadline to be considered for appointment to the Flood Control Zone District Advisory Committee is at 5:00 p.m. February 25, 2022.